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Council Minutes

President Robert J. Donchez called the meeting to order.
Pastor Robert Rentler, of New Covenant Church, offered the
invocation which was followed by the pledge to the flag. Present
were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric
R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert
J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of November 3, 2010 were approved.

5. COURTESY OF THE FLOOR

LERTA – Renewal

Tom Shaughnessy, Regional Manager for J. G. Petrucci Company,
encouraged continued support for and the extension of the
LERTA (Local Economic Revitalization Tax Assistance) program.
Mr. Shaughnessy, noting he has appeared before Council in
the past asking for consideration of the past renewals of
the program, affirmed LERTA is a very effective tool in attracting
industry to the City and LVIP VII. He highlighted the fact
that J. G. Petrucci Company has completed three industrial
projects in LVIP VII; i.e., the Receivable Management Services
Company, Synchronoss Technologies, and Cigars International,
and the companies together employ 1,700 jobs. Mr. Shaughnessy
added that the developments total 260,000 sq. ft. on 28 acres
and over $20 million. Pointing out that the site of the projects
is a Brownfields site at the former Bethlehem Steel Corporation
BOF (Basic Oxygen Furnace), Mr. Shaughnessy emphasized that
the area needs incentives from the municipality and school
district. Mr. Shaughnessy advised that LERTA has proven to
be a great enticement to companies and makes a difference
in attracting good employment, investment and related activity.

Skip Bailey, Vice President of Majestic Realty Company,
noted the company has about 449 acres of land to develop at
the site of the former Bethlehem Steel. Mr. Bailey informed
the Members of the Company’s support for the continuation
of the LERTA Program. Mr. Bailey noted one of the reasons
the company purchased the property in 2007 was the existence
of the LERTA Program that is definitely a very beneficial
program. Mr. Bailey advised that the large end users who contact
his firm are all interested in the LERTA Program. Communicating
there is a lot of pent-up demand, Mr. Bailey expressed there
is excitement about 2011. Mr. Bailey thanked City Council
for their consideration in extending the LERTA Program.

Proposed 2011 Budget

Dana Grubb, 2420 Henderson Place, expressed his support
for renewal of the LERTA Program that is a great economic
development tool. Mr. Grubb, saying that the Budget is a catastrophe
exceeded only by mismanagement of the City’s finances,
stressed that taxpayers and many City employees will continue
to pay for the problems. Mr. Grubb recounted that in the past
he has warned City Council about the finances of the City.
Mr. Grubb stressed that the residents need their best interests
served, and Council must begin to turn the tide. Mr. Grubb
questioned how Members of Council could believe what they
are told by the Administration. Mr. Grubb, communicating there
seems to be no formal review process in the decisions made
about employee layoffs, stated those at the top and some others
are protected. Mr. Grubb recommended that salaries of non-classified
employees be cut who contributed to the mismanagement. Mr.
Grubb further recommended elimination of all part-time and
contract employees, and personal use of City vehicles. He
said it should be checked to make sure that contractors such
as the Elm Street and Enterprise Zone program coordinators
are still being funded by grants rather than being assimilated
into the Budget. Mr. Grubb stressed that doubling the Recycling
Fee is a tax increase. He continued on to say that the Water
and Sewer Departments should be put back into the Public Works
Department, and redundant positions eliminated along with
the Special Projects Coordinator position. Mr. Grubb observed
it is being heard that the Golf Course is not making a profit,
and added that replacing full time staff with part time or
seasonal workers seems to violate the SEIU Contract. He stated
that positions necessary for maintaining internal operations
and City services should be restored, that the correct personnel
cuts be made, and that no salary increases should be given
to TAMS employees in order to find additional savings. Mr.
Grubb asserted it is up to Council to take the City where
it should be going.

Andrew Prickler, 1843 Willow Park Road, noted he is a City
employee and a business owner in the City. Asserting that
the condition of the City and its direction is disgraceful,
and there is much mismanagement, Mr. Prickler stressed the
price will be paid by those whose jobs are being eliminated.
Mr. Prickler, remarking the Administration cannot balance
its books, recalled that former Council Member Schweder said
a year ago the City is not going to be able to pay its bills.
Mr. Prickler noted it is being heard the Golf Course is not
making money. Mr. Prickler expressed that no one was prosecuted
regarding the landfill. Mr. Prickler felt that the drainage
system project undertaken at the ball field by the Parks and
Public Property Director serves no purpose. Mr. Prickler stated
that when the tennis courts near the Ice Rink were redone
the gap between the fence line and where the paving stopped
was filled in with screening that went underneath the fence
when it rained and the problem still exists. Mr. Prickler
said the wrong people are in the wrong jobs and is why the
City is in the current situation. He communicated that until
the right people are put in various jobs there will still
be financial problems. Mr. Prickler, stating the City has
to start finding better deals and do what is necessary to
balance the books, stressed it will be the workers who will
suffer. He thought there should be a 5% decrease in Administration
salaries as a start. Mr. Prickler emphasized that all the
employees in attendance are here for a reason because they
are upset.

6. OLD BUSINESS.

A. Old Business – Members of Council

Vote - Police Officer John Nye

President Donchez advised that Members of Council will vote
on the matter of Police Officer John Nye at the December 7,
2010 City Council Meeting.

The Clerk read a memorandum dated November 10, 2010 from
David T. DiGiacinto, Chairman of the Public Safety Committee,
to which was attached amendments to the Ordinance Replacing
Article 735 – Emergency Alarm System. These changes
are related to the user follow up (Administrative response
timing), third party contact availability, registration renewal
fees, and penalties.

President Donchez noted that the Ordinance will be placed
on the December 7 Council Agenda.

B. City Solicitor – Revision to Use Permit Agreement
for Public Property – ArtsQuest

The Clerk read a memorandum dated November 11, 2010 from
John F. Spirk, Jr., Esq., City Solicitor, to which was attached
a revised Use Permit Agreement for Public Property between
the City and ArtsQuest for Christkindlmarkt 2010, PeepsFest
2010 and Countdown in Downtown 2010, according to the terms
of the Agreement.

President Donchez stated that Resolution 11 B is listed
on the Agenda.

8. REPORTS

A. President of Council

Public Hearing – Officer Lenner

President Donchez stated that the Public Hearing on the
matter of Officer Lenner is scheduled on Wednesday, December
8, 2010 at 6:00 PM in Town Hall.

President Donchez announced the 2011 Budget Hearing Schedule
as follows:

Wednesday, December 1, 2010 – 7:00 PM – Town
Hall
Second Budget Hearing:
Public Works Department
Liquid Fuels Fund
Non-Utility Capital Fund
Community Development Block Grant
Community and Economic Development Department

Chairman Evans presented an oral report of the Parks and
Public Property Committee meeting held on Thursday, November
4, 2010 in the Mayor’s Conference Room on the following
subjects: EAC – Riparian Resolution; Steelworkers’
Memorial; and Renaming Ice Rink.

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GOLF COURSE ENTERPRISE FUND BUDGET FOR 2011.

Ms. Dolan noted at this point a vote of Aye does not mean
that a Member agrees with every matter in the Budget, and
the votes on First Reading move the matters on for discussion.
President Donchez stated that is correct, and further affirmed
this is the standard procedure.

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 342 OF THE CODIFIED ORDINANCES
ENTITLED LOCAL ECONOMIC REVITALIZATION TAX
ASSISTANCE - ENTERPRISE DEVELOPMENT AREA.

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1731 OF THE CODIFIED ORDINANCES
ENTITLED INSPECTIONS.

Ms. Dolan inquired about the deletion of paragraph (b) of
Section 1731.01. Mr. Reynolds observed that it was replaced
with a new paragraph (b). John F. Spirk, Jr., Esq., City Solicitor,
confirmed that the deletion of the current paragraph and replacement
with the new paragraph expands and clarifies the inspection
of rental properties.

AN ORDINANCE ADOPTING THE 2009 ICC INTERNATIONAL PROPERTY
MAINTENANCE CODE. TOGETHER WITH ADDITIONS, DELETIONS AND MODIFICATIONS
AS NOTED; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; REPEALING
ALL ORDINANCES INCONSISTENT HEREWITH.

Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-176
that renamed the Ice Rink to Earl E. Schaffer Municipal Ice
Rink in honor of the former Mayor of the City of Bethlehem
to honor and recognize his support for the construction of
recreational facilities in the Monocacy Complex.

Mr. Mowrer noted that Earl Schaffer was his neighbor when
he was growing up. Mr. Mowrer recalled that former Mayor Schaffer
was a fervent supporter at that time of the City’s current
Strong Mayor form of government, and of athletic programs
for the City. Mayor Schaffer supported the building of the
athletic complex on Illick’s Mill Road that includes
the swimming pool, golf course, and ice skating rink. In addition,
he was known for his involvement in the Water Authority and
the Penn Forest Reservoir, and was instrumental in the development
of the City Center complex. Mr. Mowrer stated it is appropriate
to name the ice skating rink after Mayor Schaffer who was
influential in its completion.

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-177
that authorized the execution of a Use Permit Agreement between
the City and ArtsQuest for Christkindlmarkt 2010, PeepsFest
2010, and Countdown in Downtown 2010, for use of the premises
and time periods as listed in the Agreement.

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-178
that transferred $60,000 in the Non-Utility Capital Budget
from the Unprogrammed Funds Account to the Ice Rink Repairs
Account, and from the Ice Rink Repairs Account to the Main
Street Parking Account.

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-179
that granted a Certificate of Appropriateness to install solar
panels on a flat roofed garage at the rear of the property
at 42 West Market Street.

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-180
that granted a Certificate of Appropriateness to replace four
existing windows on the façade at 133 Wall Street and
two existing windows on the rear facing Milton Street.

Ms. Dolan and Mr. Evans moved to reconsider Resolution 11
E and rescind the vote on Resolution 2010-180 that granted
a Certificate of Appropriateness to replace four existing
windows on the façade at 133 Wall Street and two existing
windows on the rear facing Milton Street. The vote was made
in error because the HARB voted to table the application,
and there is no action needed from City Council at this time.
The owners are evaluating their options and will re-submit
to the HARB if they do not pursue repairing the windows.

Chairman Mowrer announced the Human Resources and Environment
Committee meeting on Tuesday, November 23, 2010 at 7:00 PM
in Town Hall on the following: 2011 Budget – Proposed
Personnel Changes.

13. COURTESY OF THE FLOOR

Elias Case - City Council Involvement

Bill Tomino, 1037 Main Street, voiced his objection to City
Council’s involvement in the Elias Case and the Zoning
Hearing Board, and remarked that the matter concerns a loading
dock. Mr. Tomino communicated that as a businessman he questions
Council’s involvement in a Zoning issue when anyone
wants to reasonably improve and expand on their property.

Proposed 2011 Budget; Public Comment

Robert Pfenning, 2830 Linden Street, exemplified that what
faces the City is equivalent to someone having to pay for
another customer’s meal because that person did not
pay for it yesterday. Mr. Pfenning emphasized that the City
is asking future generations to pay for past expenses. Mr.
Pfenning pointed out that aside from a $20 million financing
proposed for the 2011 Budget it seems as though there will
be a balloon payment in later years. Mr. Pfenning expressed
his disagreement with the Mayor’s comments in the press
that it is wise fiscal policy to borrow over 23 years to pay
for past due General Fund expenses in lieu of a tax increase.
Mr. Pfenning stated that good fiscal policy is to pay for
non-capital expenses when they are incurred. Mr. Pfenning,
commenting that the people for whom those expenses are being
made are not paying for them, remarked for the past 4-5 years
he has been getting a discount on his City services. Referring
to the last Finance Committee meeting, Mr. Pfenning thought
the Chair should have interrupted the speaker during his comments
to the Committee due to the speaker’s behavior that
was in contravention to the rules, and should have asked the
Police Officer to escort the speaker when he persisted.

Zoning Hearing Board Issues

Al Bernotas, 1004 Johnston Drive, informed the assembly that
the Zoning Hearing Board will meet on November 29 to continue
the case of the Elias Farmers Market appeal. Mr. Bernotas
inquired about the status of the situation of having three
votes required by the Zoning Hearing Board. President Donchez
explained the intent of the recent amendment that changed
the number of Zoning Hearing Board members from three to five
was that it would be effective January 1, 2011. Ms. Dolan,
noting that Mr. Bernotas is referring to a stipulation requiring
a vote of three, commented that perhaps an amendment could
be drafted to be read as a Communication at the next Council
Meeting. Mr. Bernotas, stating that a stipulation requiring
a vote of three has been included in the new proposed Zoning
Ordinance, expressed it would be nice if it could go into
effect as soon as possible. Mr. Bernotas, referring to the
Municipalities Planning Code Section 906, asked about alternate
members continuing to serve on the Zoning Hearing Board in
proceedings in which they participated when initially appointed
until a final determination has been made. Mr. Bernotas, pointing
out that one of the alternates was appointed August 26, 2009
since one of the regular members was not at the Zoning Hearing
Board meeting, said those three members should hear the case
all the way through. Attorney Spadoni stated he thought that
will be addressed by the Zoning Hearing Board. Mr. Bernotas
expressed his hope that Attorney Thompson will follow the
Zoning Hearing Board Chairman’s lead in listening to
people at the meetings.

Various Issues

Dana Grubb, 2420 Henderson Place, questioned why is the City
in the current financial condition and faced with a potential
$20 million lease-back if the Continuous Improvement Program
has saved approximately $10 million as has been stated. Mr.
Grubb expressed his concern that included in the $20 million
borrowing is the $6 million just borrowed for the Non-Utility
Capital Projects, and said he is outraged that everyone who
attended those meetings was lied to about the purpose of borrowing
$6 million. Mr. Grubb, referring to the minutes, read the
comments of Mr. DiGiacinto, Mr. Reynolds, Ms. Dolan, and of
the Mayor at the August 17 City Council Meeting at which he
had urged Council to ensure there would be a guarantee that
the Administration would not spend the loan proceeds on anything
other than the approved projects. Mr. Grubb, stressing that
more than the original interest rate will be paid on the $6
million initially borrowed since the amount is being borrowed
again, highlighted the fact that the payments will be spread
out over 23 years and pushed off to future Mayoral Administrations.
Mr. Grubb stated that in reviewing the financing proposal
Council needs to pull the reins in on what is going on in
the community. Mr. Grubb emphasized that taxpayers deserve
open and honest government and to know why money is being
borrowed.

Bill Scheirer, 1890 Eaton Avenue, noting Council will be
approving the new Zoning Ordinance, said he would find it
inconsistent that Council would not consider itself with Zoning
variances. Mr. Scheirer related that Council’s Solicitor
asked pertinent and probing questions during the Zoning Hearing
Board meeting regarding the Elias case.

Mr. Scheirer pointed out that City Council voted on Resolution
11 E, Certificate of Appropriateness – 133 Wall Street,
but the recommendation of the HARB was to table the application.
Attorney Spadoni acknowledged Mr. Scheirer’s correction
and advised the matter will be brought back before Council
to rescind the vote. Note: See Resolution 11 E – page
8.

City Finances

Mary Pongracz, 321 W. Fourth Street, expressed she is appalled
at some of the statements made this evening, and the lack
of respect shown for the Mayor. Observing it is easy to be
critical of the Administration, Ms. Pongracz questioned why
people do not do something to make the situation better. Ms.
Pongracz pointed out that the City has a lot of good things
going for it. Ms. Pongracz communicated the fact that the
City does not have a lot of money is not the fault of a person
or the City but a problem within the financial community and
businesses that lent money to people who could not afford
it. Ms. Pongracz stressed that she would not want services
to be cut and have to do without public safety or clean water,
for example.

Proposed 2011 Budget

Greg Kaintz, 341 W. Lehigh Street, recalling that in the
past Members of Council used to visit the various Departments
to view operations, said Jean Belinski was the only Member
of Council to go to his Department. Mr. Kaintz questioned
whether Council knows the people who are being laid off and
from which Departments. Mr. Kaintz suggested that the Members
of Council should do a little more investigating, and stressed
they should look into how many higher paying jobs are being
eliminated if they are really serious about saving money.

Landfill; City Employees

Andrew Prickler, 1843 Willow Park Road, referring to his
comments earlier in the Meeting, asked President Donchez to
find out for him for the record who made the final decision
to pay the bonds back prematurely as it relates to the landfill
sale. Mr. Prickler commented that he has to ask the people
who are losing their jobs if they are having a Thanksgiving
dinner.

Mayor Schaffer; Length of Speaking

Stephen Antalics, 737 Ridge Street, stated that Mayor Schaffer
introduced the first master plan for redevelopment of the
City in 1954. Mr. Antalics commented that the citizen evaluations
of Members of Council are becoming popular, and remarked on
the length of time that Council Members speak.